A fire apparently started in the vicinity of a gas grill resulting in the destruction of an apartment building. In affirming summary judgment granted to the defendants, the Third Department noted that an unsigned report from the fire department was properly ignored by the motion court and plaintiff was not entitled to an inference of […]
In a full-fledged opinion by Justice Peters, the Third Department determined that the records of a hit-and-run accident involving a state trooper, sought in a Freedom of Information Law (FOIL) request made by a newspaper journalist, may be protected by the Civil Rights Law 50-a if they are personnel records used to evaluate performance toward […]
In affirming the dismissal of a complaint in which it was alleged the purchase of a building was induced by misrepresentations, the First Department noted there can be no action for conversion of real property, and there can be no action for conversion of money which was transferred pursuant to an agreement: The motion court […]
The Third Department determined that a “hose company” was not part of the fire department and thus was not entitled to the payment of tax monies slated for the fire department: The members of Citizens Hose are not trained to perform interior or exterior firefighting and, on the rare occasions when they are paged to […]
In a full-fledged opinion by Judge Smith, the Court of Appeals determined that the failure to file “proof of the facts constituting the claim” (as required by CPLR 3215(f)) in an application for a default judgment is not a jurisdictional defect that renders a default judgment a nullity. The Court wrote: …[T]he word “jurisdiction” is […]
In a full-fledged opinion by Justice Andrias, the First Department determined the amendments to the Sex Offender Registration Act (SORA) did not render the statute punitive and thereby violate the Ex Post Facto Clause or violate the Double Jeopardy prohibition with respect to the defendant: It may be true that subjecting sex offenders to lifetime […]
The First Department determined that the prosecutor’s failure to get court permission to represent a case to a grand jury need not be preserved by objection and required dismissal of the indictment: The failure to obtain court authorization to re-present the charges to a second grand jury implicates the power to prosecute…; thus, defendant was […]
In finding the “exigent circumstances” exception to the search warrant requirement for entry into a private residence applied to the facts, the Third Department explained the criteria as follows: The Court of Appeals has outlined three elements to determine whether exigent circumstances exist to justify entry without a warrant: “(1) The police must have reasonable […]
In a full-fledged opinion by Justice Stein, the Third Department concluded that the sentencing guidelines for youthful offenders do not allow the imposition of a determinate sentence: Penal Law § 60.02 (2) provides, as relevant here, that a sentencing court must impose upon a youthful offender “a sentence authorized to be imposed upon a person […]
The Third Department noted that a challenge to the factual sufficiency of a superior court information must be preserved by objection and does not survive a guilty plea (after indictment). People v Martinez, 104837, 3rd Dept, 5-30-13
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